Wetland Conservation

The Minnesota Wetland Conservation Act (WCA) was first passed in 1991. Rules were promulgated by the Minnesota Board of Water and Soil Resources (BWSR). The WCA mandates that wetlands must not be drained or filled unless (a) drain or fill activity is exempt or (b) wetlands are replaced by restoring or creating wetland areas of at least equal public value. The goal is no net loss of wetlands.

A wetland is defined by the presence of (a) hydric (developed under wet conditions) soils, (b) surface or subsurface hydrology (properties and distribution of water) , and (c) hydrophytic (affinity for water) vegetation. The Wetland Conservation Act applies to all Minnesota wetlands, except those identified on the DNR inventory of protected waters and wetlands. These wetlands are regulated by the DNR.

The local government unit (LGU) has the primarily responsibility for administration of the WCA and for making key determinations. Generally, the LGU is a city or county.

If an activity is not exempt, impacted wetlands must be replaced under a replacement plan approved by the LGU. The replacement plan must demonstrate compliance with “sequencing,” i.e., (a) that wetland impacts are avoided as much as possible, (b) that to the extent that the impacts cannot be avoided, the wetland impacts are minimized, and (c) that unavoidably impacted wetlands are replaced as required by the WCA Rules. The Rules include numerous specific requirements as to location, size, type, etc. of replacement wetlands. The WCA allows wetland losses from drain or fill activities to be replaced by wetlands previously restored or created and deposited into the state wetland bank. The banked wetlands can only be used if the result is a no-net-loss in the quantity, quality, and biological diversity of Minnesota’s existing wetlands. Wetland bank “accounts” must always maintain a positive balance.

DNR Conservation Officers and other Peace Officers may issue cease and desist, restoration, and replacement orders for violations of the WCA. Violation of an order is a misdemeanor. Criminal prosecution of violations under the WCA is pursued by county attorneys.

Wetland FAQs

The mission of the South St. Louis Soil and Water Conservation District is to provide technical, educational, and financial resources to land occupiers in order to implement practices and projects that preserve, protect, and enhance water quality and other natural resources.